Steps towards a trouble-free holiday

In the majority of cases you will book a holiday and have no trouble whatsoever, however, on rare occasions it does go wrong. These steps will help you have a trouble free holiday.

Before booking a holiday plan ahead

• Work out your key requirements and make a note of them. You can use these notes to explain your needs to the travel agent:
• Do you have special dietary requirements?
• Do you have particular mobility access requirements?
• Do you have a medical condition that can be exacerbated by excessive heat or cold?
• Will you need a cot for an infant?
• Do you have any other special needs?
• Are there medical requirements for your chosen destination, such as a course of tablets that you are advised to take prior to departure?
• If the destination is in a trouble spot - is there any guidance from the Foreign Office (FCO)?
• Do you need a visa to visit the destination?
• Do you need a passport to visit the destination?
• Keep a photocopy of your travel documentation and take it with you, in case you lose the originals when on holiday.

When booking a holiday

Be clear about your requirements. Make sure you tell the travel agent about any special requirements you have. Keep a written record of the holiday's details including:

• The date and time you contacted the company.
• The name of the company.
• The platform you viewed the offer on, e.g. web, TV analogue etc.
• The page number or section (if relevant).
• The date and time you viewed and booked the offer.

Any specific details of the advertised offer eg destination, price, departure airport and date, share basis, board basis, accommodation details and any other advertised details.

• The name of the person you dealt with at the company.
• The telephone number you rang.
• Any discrepancies between what you saw advertised and what you agreed to.

If possible print out a copy of the advertisement. Keep hold of any paperwork and booking information. Look out for the names and symbols. Know your rights as a consumer so that you're not in the dark if something goes wrong. Read the booking conditions before signing.

Protecting your money

Use firms belonging to trade organisations offering financial protection for consumers, such as ABTA, ATOL etc. If you have a credit card, and your holiday costs more than £100, it is worth paying for the holiday using it. Section75 of the Consumer Credit Act 1974 makes credit card companies 'equally liable' for breaches of contract and they may be pursued if the holiday company has ceased trading.

Know your rights

When you book a holiday, you enter into a contract, usually with a tour operator, and the law gives you automatic statutory rights. You are entitled to receive the holiday or flight on exactly the same terms as advertised including photographs.

The Law

Supply of Goods &Services Act 1982 (as amended by the Sale &Supply of Goods Act 1994)

Any contract for a holiday or flight should be carried out using 'reasonable skill and care' known as 'your statutory rights'. The travel agent and tour operator should ensure that they carry out the booking correctly, the holiday itself should be of a generally satisfactory standard, and comply with any descriptions.

Unfair Contract Terms Act 1977 and the Unfair Terms in Contracts Regulations 1994.

Contract terms should be clear and unambiguous, fair and reasonable and not weighted against you. It is illegal to have any contract terms which purport to restrict your statutory rights, or avoid responsibility for personal injury or death.

Air Carrier Liability Order 1998

Makes airlines liable for loss or damage to personal property and luggage whilst in the carrier's care. There are no limits to the carrier's potential liability for financial losses.

You must be made aware of the name of the tour operator who is organising the flight, along with their ATOL number, both verbally and on the tickets you eventually receive. [Enforced by the Civil Aviation Authority]

Package Travel, Package Holidays and Package Tour Regulations 1992

These regulations require that your holiday money is protected by some independent form of security; for example bonding with an independent organisation. It is an offence under these regulations if the accommodation you contracted for is overbooked. Any false or untrue representations or descriptions about the holiday, hotel or facilities made by a representative of the tour operators whilst on holiday will also be covered by these regulations. [Enforced by Trading Standards]

Consumer Protection Act 1987 - Part III

All compulsory charges should be included in the headline price and accurate. Any additional charges should be clearly displayed and quantified when advertised. [Enforced by Trading Standards]

Price Indications (Method of Payment) Regulations 1991

Where a price is given which does not relate to all methods of payment, the advertisement must indicate which methods of payment it relates to and the difference with other stated methods. [Enforced by Trading Standards]

Trade Descriptions Act 1968

Any factual statements made must be truthful and accurate - for example, if you are told that the hotel is a 'air-conditioned' it must be. [Enforced by Trading Standards]

The Consumer Protection (Distance Selling) Regulations 2000

Where you buy your holiday via the internet, interactive television, mail order, or telephone, you must be given clear information about the holiday before you buy, and may have a cooling off period of up to seven days in which to cancel in certain circumstances. [Enforced by Trading Standards]